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All Articles in Constitutional Law

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27,061 full-text articles. Page 613 of 633.

Clashing Visions Of A "Living" Constitution: Of Opportunists And Obligationists, William W. Van Alstyne 2010 William & Mary Law School

Clashing Visions Of A "Living" Constitution: Of Opportunists And Obligationists, William W. Van Alstyne

Faculty Publications

No abstract provided.


Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan 2010 College of William & Mary Law School

Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan

Faculty Publications

This Article explores the consequences for good governance of poorly constructed legal infrastructure in the Tenth Amendment context, and recommends a simple jurisprudential fix: exchanging a property rule for the inalienability remedy rule that the Supreme Court used to protect the anticommandeering entitlement in New York v. United States. Grounded in a values-based theory of American federalism, it shows how the New York inalienability rule unnecessarily removes tools for resolving interjurisdictional quagmires - exemplified by the radioactive waste capacity problem at the heart of the New York litigation - by prohibiting novel forms of state-federal bargaining. In New York, the Court held ...


Church V. State: Resolving One Problem But Raising Another - Addressing The Use Of The Surveillance Location Privilege And The Limited Remand, David J. Martin 2010 University of Maryland Francis King Carey School of Law

Church V. State: Resolving One Problem But Raising Another - Addressing The Use Of The Surveillance Location Privilege And The Limited Remand, David J. Martin

Maryland Law Review Online

No abstract provided.


Richmond Medical Center For Women V. Herring: Prohibiting Partial Birth Abortion But Keeping Constitutional Rights Intact, Kathleen Morris 2010 University of Maryland Francis King Carey School of Law

Richmond Medical Center For Women V. Herring: Prohibiting Partial Birth Abortion But Keeping Constitutional Rights Intact, Kathleen Morris

Maryland Law Review Online

No abstract provided.


Personal Essay: My Ordeal Of Regaining Voting Rights In Virginia, Frank Anderson 2010 American University Washington College of Law

Personal Essay: My Ordeal Of Regaining Voting Rights In Virginia, Frank Anderson

The Modern American

No abstract provided.


Conference Highlight: Fifteenth Annual Lat.Crit. Conference, Alex Bernshteyn 2010 American University Washington College of Law

Conference Highlight: Fifteenth Annual Lat.Crit. Conference, Alex Bernshteyn

The Modern American

No abstract provided.


An Analysis Of South Africa’S Mental Health Legislation, Natalie Latoya McCrea 2010 American University Washington College of Law

An Analysis Of South Africa’S Mental Health Legislation, Natalie Latoya Mccrea

Legal Writing Competition Winners

If one were to measure a society’s health by its historical environment, then something can indeed be said of South Africa. This nation is known for its long abhorrent history with apartheid entrenched with a political and human rights struggle. In 1995, the world witnessed the evisceration of apartheid and the birth of a new democratic South Africa. In light of the struggle endured by a visible portion of the South African population, a question asked is, what about the forgotten and somewhat invisible individuals, those who suffer with mental illness. The purpose ­of this work is to discuss ...


Insecure Communities: How Increased Localization Of Immigration Enforcement Under President Obama Through The Secure Communities Program Makes Us Less Safe, And May Violate The Constitution, Rachel Zoghlin 2010 American University Washington College of Law

Insecure Communities: How Increased Localization Of Immigration Enforcement Under President Obama Through The Secure Communities Program Makes Us Less Safe, And May Violate The Constitution, Rachel Zoghlin

The Modern American

No abstract provided.


Caster Semenya And The Myth Of A Level Playing Field, Erin E. Buzuvis 2010 Western New England College School of Law

Caster Semenya And The Myth Of A Level Playing Field, Erin E. Buzuvis

The Modern American

No abstract provided.


A Price Tag On Constitutional Rights: Georgia V. Weis And Indigent Right To Continued Counsel, Kathryn Bosse 2010 American University Washington College of Law

A Price Tag On Constitutional Rights: Georgia V. Weis And Indigent Right To Continued Counsel, Kathryn Bosse

The Modern American

No abstract provided.


Book Interview: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Richael Faithful 2010 American University Washington College of Law

Book Interview: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Richael Faithful

The Modern American

No abstract provided.


Volume 6 Issue 2, 2010 American University Washington College of Law

Volume 6 Issue 2

The Modern American

No abstract provided.


A Critical Consideration Of Executive Orders: Glimmerings Of Autopoiesis In The Executive Role, John C. Duncan Jr 2010 Florida A & M University College of Law

A Critical Consideration Of Executive Orders: Glimmerings Of Autopoiesis In The Executive Role, John C. Duncan Jr

Journal Publications

The United States Constitution is a parsimonious document, meant to retain the dynamic processes of the three branches of government within their respective spheres and overarching principles, beyond which it offers the latitude necessary for the developing nation to adapt to future contingencies. The Congress and the President are the governing institutions of two of those branches, to which agility is essential as a matter of survival. The most agile tool that the President has is the executive order. There is no statutory authority for the federal executive order or any other source that describes its legal effect, as such ...


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power 2010 University of Maryland School of Law

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power

Faculty Scholarship

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix ...


The Protection Of Religious Liberty Under The American Constitution, Robert A. Sedler 2010 Wayne State University

The Protection Of Religious Liberty Under The American Constitution, Robert A. Sedler

Law Faculty Research Publications

Religious liberty is a favored value under the United States Constitution. The Constitution provides two-fold protection to religious liberty by means of the Establishment Clause and the Free Exercise Clause. The Establishment Clause, sometimes referred to as the separation of church and state, requires that the government maintain a course of complete official neutrality toward religion. The government cannot favor one religion over another, nor can it favor religion over non-religion. The Free Exercise Clause is a textual guarantee of peoples' right to practice their religion and to hold and act on religious beliefs. The First Amendment's guarantee of ...


Cuomo V. Clearing House Association: Protecting Minorities From Discriminatory Lending Practices By Upholding States' Right To Enforce Predatory Lending Laws, Elvira Pereda 2010 American University Washington College of Law

Cuomo V. Clearing House Association: Protecting Minorities From Discriminatory Lending Practices By Upholding States' Right To Enforce Predatory Lending Laws, Elvira Pereda

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland 2010 Valparaiso University School of Law

Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland

Law Faculty Publications

No abstract provided.


Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman 2010 University of Pennsylvania Law School

Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


Presidential Power In Historical Perspective: Reflections' On Calabresi And Yoo's The Unitary Executive, Christopher S. Yoo 2010 University of Pennsylvania Law School

Presidential Power In Historical Perspective: Reflections' On Calabresi And Yoo's The Unitary Executive, Christopher S. Yoo

Faculty Scholarship at Penn Law

On February 6 and 7, 2009, more than three dozen of the nation’s most distinguished commentators on presidential power gathered in Philadelphia to explore themes raised by a book authored by Steven Calabresi and I co-authored reviewing the history of presidential practices with respect to the unitary executive. The conference honoring our book and the special journal issue bringing together the articles presented there provide a welcome opportunity both to look backwards on the history of our project and to look forwards at the questions yet to be answered.


The Constitution And Our Debt To The Future, Rena I. Steinzor 2010 University of Maryland School of Law

The Constitution And Our Debt To The Future, Rena I. Steinzor

Faculty Scholarship

Health and safety laws have always been justified as manifestations of congressional authority to regulate and protect the free flow of interstate commerce under Article I, section 8 of the Constitution. Professor Steinzor argues that reliance on the Commerce Clause can support next generation proposals, including a National Environmental Legacy Act proposed by Professor Alyson Flournoy, which would require that any action on federal land involving the consumption or destruction of resources must be sustainable, as well as pending climate change legislation. But, Steinzor says, a far more desirable constitutional foundation for such laws is the General Welfare Clause found ...


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